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(영문) 서울행정법원 2016.09.22 2016구단14515
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On April 8, 2014, the Plaintiff entered the Republic of Korea as a foreigner with the nationality of the Republic of Chicago, as a short-term visit (C-3) and applied for refugee status to the Defendant on April 11, 2014.

B. On October 13, 2015, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that would be subject to persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter referred to as the instant disposition).

C. On October 19, 2015, the Plaintiff filed an objection with the Minister of Justice on October 19, 2015, but was rendered a final decision dismissing the Plaintiff’s application on March 23, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The Plaintiff’s assertion was a preliminary successor to the president of the village called B in the country of nationality, but he was shot school, and lived in the area of mentmena with her mother and her mother living together with her mother. The Plaintiff’s assertion demanded to find the Plaintiff’s her father and to succeed to the president’s her duties, and eventually the Plaintiff’s her father died due to her own will.

Since the death of a referring, a community citizen is forced to find the plaintiff and succeed to the president position. As such, the disposition of this case made on a different premise is unlawful even though the plaintiff is under a state of nationality for religious reasons.

(b) The definitions of terms used in this Act shall be as follows:

1. “Refugee” means a foreigner who is unable or does not wish to be protected by a State of his/her nationality due to well-founded fear of being aware that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion, or such a foreigner.

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